San Francisco Unified School District and County Office of Education
Regulation 4044
All Personnel – Complaints
- Alleging misapplication of the District’s policies, regulations, rules, or procedures;
- “Whistleblower” complaints by an employee or job applicant regarding an improper District activity including, but not limited to, an allegation of gross mismanagement, a significant waste of funds, an abuse of authority, or a specific danger to public health or safety; and
- Disputes between SFUSD employees, otherwise not covered by other District policy.
Whenever possible, prior to instituting a formal written complaint, the employee shall first discuss the issue with their supervisor or other department lead, If the supervisor is the person about whom the employee is complaining or it is otherwise inappropriate to discuss the complaint with the supervisor, in which case a complainant may proceed to Step 2.
Step 2: Site/Department Level Formal Complaint Process
If a complaint has not been satisfactorily resolved through the informal process , or if it was not possible to pursue an informal resolution, the complainant may file a written complaint with the department lead or to the Assistant Superintendent who supervises the school within 30 days of the act or event which is the subject of the complaint. If an employee fails to file a written complaint withint 30 days, the complaint shall be considered resolved on the basis of the preceding step.
In the written complaint, the employee shall specify the nature of the problem, including names, dates, locations, witnesses, the remedy sought by the employee, and a description of informal efforts, if any, to resolve the issue.
The individual who investigates shall initiate an impartial investigation of an allegation in a timely manner after receiving the written complaint pursuant this regulation. The individual who investigates shall meet with the complainant to discuss the allegations and what remedies the complainant is seeking. When a written complaint is received, the employee who is the subject of the complaint shall be notified as soon as practicable or in accordance with the collective bargaining agreement. The investigation may include interviews of the employee, complainant, or witnesses as necessary and/or a review of any documentation relevant to the complaint.
When appropriate, the individual who investigates can consider providing a written response to the complainant summarizing the investigation, finding, and steps they took to remedy or mediate the situation.
Step 3: District Level Appeal
- Employee complaints alleging unlawful discrimination on any basis specified in the District’s nondiscrimination policies, including complaints of sexual harassment, shall be resolved in accordance with the District’s procedure in BP/AR 4030 – Nondiscrimination in Employment.
- Employee complaints of sexual harassment shall be investigated and resolved in accordance with the District’s Title IX Sexual Harassment Complaint Procedures if the alleged conduct meets the definition of sexual harassment pursuant to 34 CFR 106.30. Sex-based and gender discrimination that does not meet the definition of 34 CFR 106.30 will be investigated and resolved in accordance with BP/AR 4030 – Nondiscrimination in Employment
- Complaints regarding unlawful discrimination in District programs or the District’s failure to comply with state or federal laws regarding students and educational programs shall be resolved in accordance with BP/AR 1312.3 – Uniform Complaint Procedures.
- Employee or Community complaints regarding sufficiency of textbook materials, teacher vacancy or mis-assignment, or an urgent or emergency facility condition shall be resolved in accordance with AR 1312.4 – Williams Uniform Complaint Procedures. (Education Code 35186; 5 CCR 4621)
- Employee complaints regarding working conditions or other subjects of negotiation, the employee shall use the grievance procedure specified in the applicable collective bargaining agreement.